Case Type

Other

Housing Type

Rent Stabilized

Court

Appellate Term, Second Department

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

2024-1295 K C

Slip Opinion Number

2026 NY Slip Op 50208(U)

Petitioner

DOV Land USA, LLC

Respondent

Hickman, Robert

Judge

Toussaint, Wavny; Mundy, Marina Cora; Ottley, Lisa S.

Decision/Order Date

2026-02-13

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlord commenced a squatter summary proceeding against tenant to recover possession of storage space located off a public hallway in a building where tenant lives in a rent-stabilized apartment. The Civil Court awarded possession to the landlord. On appeal, the Appellate Term reversed, finding that the landlord's implicit acquiescence to the tenant's use of the storage space for at least 10 years, when the apartment was covered under the Loft Law, made the provision of the storage space a required service under rent stabilization. The court affirmed the dismissal of the tenant's counterclaim for an initial rent-stabilized lease due to lack of jurisdiction, but dismissed the landlord's petition for possession.

Keywords

Landlord's Acquiescence of Tenant’s use of Storage Space Prior to Conversion from Loft Board Coverage to Rent Stabilization Rendered it an Essential Service

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